IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2018-404-102
[2018] NZHC 2055
BETWEEN TYRONE LEE JENKINS
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 6 August 2018 Appearances:
E I Haronga for Appellant C Juneja for Respondent
Judgment:
13 August 2018
JUDGMENT OF PAUL DAVISON J
This judgment was delivered by me on 13 August 2018 at 11:00 am pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors:
Meredith Connell, Auckland
JENKINS v POLICE [2018] NZHC 2055 [13 August 2018]
Introduction
[1] Tyrone Jenkins pleaded guilty to two charges of driving whilst disqualified (third or subsequent)1 and one of failing to answer District Court bail.2 On 6 April 2018, he was sentenced to two years and five months’ imprisonment in the District Court.3 He now appeals against that sentence.
The offending
[2] On 31 May 2017, at around 10.20 am, the police observed Mr Jenkins in the driver’s seat of a stationary vehicle parked on the roadside on Waiheke Island. The car keys were in the ignition and he admitted to the police that he had been driving. Mr Jenkins explained that the toilet where he lived was not working and he had driven to use the local public toilet. On appeal, his partner has affirmed an affidavit supporting his explanation. She says the house where they were living with their children is “run down” and the toilet had been out of operation for more than a week. She further says that at the time Mr Jenkins drove to the public toilet, she was busy taking the children to school. She attaches a letter from a certifying plumber confirming that he was contacted and requested to clear a blocked toilet at the address and had attended to repair it on 1 June 2017.
[3] Mr Jenkins first appeared in the Auckland District Court on 6 June 2017 charged with driving while disqualified having been convicted at least twice previously. He was subsequently released on bail on 22 June 2017. Pursuant to the conditions of bail, he was required to appear at the Auckland District Court on 18 September 2017. He failed to do so.
[4] On 22 September 2017, at around 8.35 pm, Mr Jenkins who was still a disqualified driver, was stopped by the police while driving on State Highway One near Wellsford. His partner was with him in the car. He had been driving at a speed of 107 kilometres per hour (kph) in an area where the limit was 80 kph. Mr Jenkins
1 Land Transport Act 1998, ss 32(1)(a) and 32(4); maximum penalty two years’ imprisonment or a fine not exceeding $6,000; mandatory disqualification from driving for one year (or more).
2 Bail Act 2000, s 38(a); maximum penalty one year’s imprisonment or a fine not exceeding $2,000.
3 Police v Jenkins [2018] NZDC 11658.
immediately volunteered to the police that he was a disqualified driver. He explained to the police that he was…
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- Case
- [2018] NZHC 2055
- Decision Date
CaseChat Overview and Summary
The court allowed the appeal and quashed the original sentence. It imposed a sentence of one year imprisonment on each of the driving while disqualified charges to be served concurrently and maintained the sentence for the breach of bail charge. The disqualification periods imposed by the District Court were to remain in place. The court found that the end sentence imposed by the District Court was manifestly excessive and that a sentence of one year imprisonment was appropriate in light of the purposes and principles of sentencing. The court also noted that Jenkins had breached home detention five times in the past and had not expressed remorse or displayed any insight into his offending. The court considered a sentence of imprisonment necessary to promote a sense of responsibility in Jenkins and to hold him accountable for his offending.
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